(1) A liability that would, apart from this part, attach to a volunteer, attaches instead to the community organisation for which the volunteer was carrying out the relevant community work.
(2) A person (the injured person ) who suffers death, injury, loss or damage because of the act or omission of a volunteer may sue the volunteer personally only if—
(a) it is clear from the circumstances of the case that the protection given under section 8 does not apply to the case; or
(b) the injured person brings an action against the community organisation and the community organisation disputes, in a defence filed to the action, that it is liable for the act or omission of the volunteer.